STAND. COM. REP. NO.  483

 

Honolulu, Hawaii

                , 2015

 

RE:   H.B. No. 1000

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Sir:

 

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1000 entitled:

 

"A BILL FOR AN ACT RELATING TO FRANCHISES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to provide for efficient, cost effective, fair, and equitable resolution to franchise-related disputes by voiding any franchise provision that restricts jurisdiction or venue for the resolution of claims arising under or relating to a franchise or business dealings in Hawaii to a forum or venue outside of Hawaii.

 

     The Chamber of Commerce Hawaii and an individual provided testimony in support of this measure.  Another individual provided comments.

 

     Your Committee has amended this measure by:

    

     (1)  Making any franchise provision that restricts jurisdiction or venue for the resolution of claims arising under or relating to a franchise or business dealings in Hawaii to a forum or venue outside of Hawaii voidable at the option of the franchisee; and

 

     (2)  Changing the effective date to July 1, 2112, to encourage further discussion.   

 

Should the Committee on Judiciary deliberate this measure further, your Committee respectfully requests that it consider moving the effective date back two years, in order to give franchisees and franchisors time to adjust to the new requirements.

 

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1000, as amended herein, and recommends that it be referred to the Committee on Judiciary in the form attached hereto as H.B. No. 1000, H.D. 1.

 

 

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

 

 

 

 

____________________________

ANGUS L.K. McKELVEY, Chair